Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.2

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Pre-emption suit---Plaintiff filed suit for possession on the ground of superior right of pre-emption being "Shafi Sharik" and "Shafi Jar"---Defendant contested suit on the ground that the plaintiff did not make Talbs in accordance with S.13 of the Punjab Pre-emption Act, 1991 and that the plaint did not show the date, time and place of making "Talb-e-Muwathibat"---Trial Court decreed suit of the plaintiff and Appellate Court maintained findings of the Trial Court---Validity---Plaint was silent about the place, date and time of making of "Talb-e-Muwathibat"; however the same had mentioned that the plaintiff would exercise his right of pre-emption as soon as he had the knowledge of the transaction---Statements made by plaintiff as a witness as well as the other witnesses were also completely silent about the three factors the place, date and time which were important for making "Talb-e-Muwathibat"---High Court allowed revision petition and dismissed suit of the plaintiff by setting aside the s and decrees of both courts below. Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315; Akbar Ali Khan and others v. Mukamil Shah and others 2005 SCMR 431; Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302; Mst. Bashiran Begum v. Nazar Hussain and another PLD 2008 SC 559; Haqnawaz v. Muhammad Kabir 2009 SCMR 630; Mst. Saleem Akhtar v. Chaudhry Shauk Ahmed 2009 SCMR 673; Muhammad Suleman v. Shaukat Ali 2009 SCMR 678; Altaf Hussain v. Abdul Majeed 2000 SCMR 314 and Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329 ref. 2000 SCMR 301; Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329; Mst. Bashiran Begum v. Nazar Hussain and another PLD 2008 SC 559; Mian Pir Muhammad's case PLD 2008 SC 302; Maulvi Abdul Qayyum v. Syed Ali Asghar Shah and 5 others 1992 SCMR 241; Nagendra Nath Dey and others v. Suresh Chandra Dey and others 59 IA 283; Mymensingh Cooperative Town Bank Ltd. v. Rajendra Chandra Roay PLD 1961 Dacca 312 and Civil Revision No. 394-D of 2002 rel. Altaf Hussain v. Abdul Majeed 2000 SCMR 314 distinguished. Mian Pir Muhammad and another v. Faqir Muhammad…

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